Agmt24 City of San Carlos Fire && Emergency Services Amendment No. 3

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ATTY/AGR.2024/AMEND. NO. 3/CITY OF REDWOOD CITY AND SAN CARLOS FIRE & EMERGENCY SERVICES REV: 06-20-24 VR Page 23 of 28 from the negligent acts or omissions of Lessee, its officers, agents, and/or employees. 5.2. City shall defend, hold harmless and indemnify Lessee, its officers, agents and/or employees from any claims for injuries to persons (including without limitation workers’ compensation claims) and/or damage to property, which result from the negligent acts or omissions of City, its officers, agents, and/or employees. 5.3. In the event of concurrent negligence of Lessee, its officers and/or employees, and City, its officers and/or employees, then the liability for any and all claims for injuries or damage to persons and/or property shall be apportioned according to the California law of comparative negligence. This Section shall include, without limitation, any actions, claims, suits, demands, and liability of every name, kind, and description brought for, or on account of injuries to or death of any person, including Lessee and/or City, or damage to property of any kind whatsoever and to whomsoever belonging. The duty to indemnify and hold harmless as set forth herein shall include the duty to defend as set forth in Civil Code Section 2778.6. 6. City’s Obligations to Provide Services and Utilities. City shall, at its sole cost and expense, furnish to Lessee the Premises with furniture and furnishings, supplies, utilities (except telephone and internet which Lessee shall be responsible for per Section 7 below), apparatus and equipment in accordance with the Fire Services Agreement. 7. Telephone and Internet Services. Lessee shall be responsible for providing their own telephone services and equipment as well as Internet services and equipment during the term of the Lease. 8. Maintenance, Repairs and Alterations. 8.1. City’s Obligations to Maintain and Repair. Except for damage caused by any negligent or intentional act or omission of Lessee, Lessee’s agents, employees, or invitees, in which event Lessee shall repair the damage, or as required under this Lease, City shall keep in good order, condition and repair the Premises. San Carlos shall perform all routine maintenance and repairs on the Fire Stations in order to keep the Fire Stations in good working order to all California and Federal OSHA requirements, and in a manner consistent with a clean and functional work environment, in accordance with the Fire Services Agreement. City shall have no obligation to make repairs until a reasonable time after receipt of written notice of the need for such repairs. The City of San Carlos City Manager or designee will be the contact for Lessee for any repairs and maintenance services described in this section. 8.2. Lessee’s Obligations to Clean. Except as otherwise provided by this lease, Lessee, at Lessee’s expense, shall keep the Premises in a safe, secure, broom-clean and sightly condition, in accordance with the Fire Services Docusign Envelope ID: E05468C4-A699-4430-A510-E42D7232B74D